Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

More documents

Recommendations

Info

B New Zealand Crimes Act 1961 (NZ) ‘Natural imbecility’ or ‘disease of the mind’ s 23(2) – No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable— (a) of understanding the nature and quality of the act or omission; or (b) of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong. ‘mental disorder’ Scotland Criminal Procedure (Scotland) Act 1995 s 51A(1) – A person is not criminally responsible for conduct constituting an offence, and is to be acquitted of the offence, if the person was at the time of the conduct unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct. s 51A(2) – a person does not lack criminal responsibility for such conduct if the mental disorder in question consists only of a personality disorder which is characterised solely or principally by abnormally aggressive or seriously irresponsible conduct. ‘mental disorder’ means any disorder or disability of the mind United Kingdom Mental Health Act 2007 (UK) Section 1(2) of the Mental Health Act 2007 (UK) amended section 1(2) of the Mental Health Act 1983 (UK) and defines mental disorder as ‘any disorder or disability of the mind.’ Examples of clinically recognised mental disorders include personality disorders, eating disorders, autistic spectrum disorders, mental illnesses such as depression, bi polar disorder and schizophrenia, and learning disabilities. s (1) – ‘mental disorder’ means a disease of the mind Canada Criminal Code, RSC 1985 (Canada) pt 1 s 16(1) – No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. 219
220
Page 1 and 2:
Review of the Crimes (Mental Impair
Page 3 and 4:
Published by the Victorian Law Refo
Page 5 and 6:
Victorian Law Reform Commission Rev
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
xviii
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 30 and 31:
2 The CMIA: background and principl
Page 32 and 33:
2 2.6 For the vast majority of peop
Page 34 and 35:
2 2.16 Prior to these reviews, the
Page 36 and 37:
2 Previous reviews of provisions in
Page 38 and 39:
2 Victorian Parliament Law Reform C
Page 40 and 41:
2 criminal law, 44 and is also reco
Page 42 and 43:
2 Protection of the community 2.62
Page 44 and 45:
2 Family members of people subject
Page 46 and 47:
2 2.94 The CMIA’s therapeutic aim
Page 48 and 49:
2 Principles governing the treatmen
Page 50:
2 Victorian law Mental Health Act 1
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 72 and 73:
4 Unfitness to stand trial 52 Intro
Page 74 and 75:
4 4.5 As stated in [4.11] below, un
Page 76 and 77:
4 4.16 If an accused person is foun
Page 78 and 79:
4 The test in Victoria: the ‘Pres
Page 80 and 81:
4 Decision-making capacity or effec
Page 82 and 83:
4 Question 3 Should the test for un
Page 84 and 85:
4 or rational appreciation of the p
Page 86 and 87:
4 4.57 However, expressly recognisi
Page 88 and 89:
4 4.65 Some jurisdictions have legi
Page 90 and 91:
4 Difficulty in assessing unfitness
Page 92 and 93:
4 Requirement to ‘plead’ in a c
Page 94 and 95:
4 The role of experts in the proces
Page 96 and 97:
4 4.102 More broadly, some have que
Page 98 and 99:
4 4.113 In DPP v CJC (CJC), 135 Jus
Page 100 and 101:
4 4.121 The Law Reform Committee re
Page 102 and 103:
4 Directions to the jury on finding
Page 104:
4 4.141 It is unclear why appeals a
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
112
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
134
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
158
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190: Victorian Law Reform Commission Rev
Page 205 and 206: 184
Page 239: Victorian Law Reform Commission Rev
Page 251: Victorian Law Reform Commission Rev
show all

Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

Create successful ePaper yourself

Delete template?

Save as template?